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Ontario, Canada Court of Appeal Finds Employers' Discretion in Awarding Discretionary Bonuses Must be Exercised Fairly and Reasonably | Littler

In Bowen v. JC Clark Ltd., 2022 ONCA 614, the Ontario Court of Appeal (OCA) put employers on notice that their discretion in awarding discretionary bonuses is not unconstrained and must.

Ontario, Canada Court of Appeal Finds Employers' Discretion in Awarding Discretionary Bonuses Must be Exercised Fairly and Reasonably

In Bowen v. JC Clark Ltd., 2022 ONCA 614, the Ontario Court of Appeal (OCA) put employers on notice that their discretion in awarding discretionary bonuses is not unconstrained and must be exercised fairly and reasonably. The employees were portfolio managers (Portfolio Managers) of one of the employer’s hedge funds (Fund), whose employment was terminated without cause. The